Md. Masum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71312 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Md. Masum Son of Late Md. Tufani Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 2.

Tufani @ Md. Tufani Son of Late Karamat @ Late Md. Kasim Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 3.

Md. Saikul @ Md. Saiful @ Saiful Son of Taufik Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 4.

Md. Niyaj @ Sajnu @ Md. Sajnu Son of Md. Taufik Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 5.

Md. Nasir @ Nasir Son of Late Md. Tufani Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 6.

Md. Galib @ Galib Son of Md. Sultan Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai 7.

Md. Rashid @ Rashid Son of Md. Salim Resident of Village - Taraiya, P.S. - Muffasil, District - Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abul Kalam, Adv.

For the State :

Mr.Dilip Kumar No.1, APP For the Informant :

Mr.Ashok Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners, learned counsel for the informant and Mr.Dilip Kumar No.1, learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 126(2), 115(2), 117(2), 118(2), 109(1), 329, 303(2), 308(3) 75 and 3(5) of the B.N.S. 3.

The F.I.R. named accused persons including the

Patna High Court CR. MISC. No.71312 of 2024(2) dt.23-10-2024 2/3 petitioners are alleged to have assaulted the informant's father and when informant and his brother came for rescue, there were also assaulted by the accused persons.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioners. The specific allegation to assault the father of the informant by butt of pistol is against the co-accused Aley Nabi, which injury was found grievous in nature. At best, petitioners can be said to be the members of the mob. Petitioner nos.1 and 5 have one criminal antecedent and rest of the petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.71312 of 2024(2) dt.23-10-2024 3/3 court below where the case is pending/Successor Court in connection with Muffassil P.S. Case No.297 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) pallavi/- U T